Allows for participants in World Trade Center rescue, recovery, or cleanup operations who were not members of a New York state retirement system at the time of such participation but who are now currently active members in such retirement systems to be eligible for disability benefits.
STATE OF NEW YORK
________________________________________________________________________
9113
IN ASSEMBLY
February 7, 2024
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
making certain participants in World Trade Center rescue, recovery, or
cleanup operations eligible for disability benefits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 4 of subdivision d of section 605 of the retire-
2 ment and social security law, as added by chapter 252 of the laws of
3 2019, is amended to read as follows:
4 4. Notwithstanding any other law, rule or regulation to the contrary,
5 any member who had an active membership in the New York state and local
6 employees' retirement system or the New York state teachers' retirement
7 system, when such member participated in World Trade Center rescue,
8 recovery, or cleanup operations, as such participation is defined in
9 section two of this chapter, or any active member with at least ten
10 years of service credit who did not have an active membership in the New
11 York state and local employees' retirement system or the New York state
12 teachers' retirement system at the time such individual participated in
13 such World Trade Center rescue, recovery, or cleanup operations, but who
14 is now an active member with a participating employer in the New York
15 state and local employees' retirement system or the New York state
16 teachers' retirement system, and who incurred a qualifying World Trade
17 Center condition, as defined in section two of this chapter, that is
18 determined to have been incurred in the performance and discharge of
19 duty and is the natural and proximate result of an accident not caused
20 by such member's own willful negligence, shall be paid a performance of
21 duty disability retirement allowance equal to three-quarters of final
22 average salary. The payment of such pension shall be subject to the
23 provisions of section sixty-four of this chapter.
24 § 2. Subdivision h-1 of section 507 of the retirement and social secu-
25 rity law, as added by chapter 252 of the laws of 2019, is amended to
26 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13179-03-4
A. 9113 2
1 h-1. Notwithstanding any other law, rule or regulation to the contra-
2 ry, any member who had an active membership in the New York state and
3 local employees' retirement system or the New York state teachers'
4 retirement system, when such member participated in World Trade Center
5 rescue, recovery, or cleanup operations, as such participation is
6 defined in section two of this chapter, or any active member with at
7 least ten years of service credit who did not have an active membership
8 in the New York state and local employees' retirement system or the New
9 York state teachers' retirement system at the time such individual
10 participated in such World Trade Center rescue, recovery, or cleanup
11 operations, but who is now an active member with a participating employ-
12 er in the New York state and local employees' retirement system or the
13 New York state teachers' retirement system, and who incurred a qualify-
14 ing World Trade Center condition, as defined in section two of this
15 chapter, that is determined to have been incurred in the performance and
16 discharge of duty and is the natural and proximate result of an accident
17 not caused by such member's own willful negligence, shall be paid a
18 performance of duty disability retirement allowance equal to three-quar-
19 ters of final average salary. The payment of such pension shall be
20 subject to the provisions of section sixty-four of this chapter.
21 § 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend the benefits of certain members of the New York
State and Local Employees' Retirement System (NYSLERS) who are currently
subject to the provisions of Article 14 or Article 15 of the Retirement
and Social Security Law, who contract any form of disease or disability
related to exposure to any elements in connection with the World Trade
Center (WTC) rescue, recovery or cleanup operations, and who were notmembers of such public retirement systems at the time of participationin said operations. The annual accidental disability benefit would be
75 percent of a member's final average salary less workers' compen-
sation, regardless of plan coverage. Currently, eligible members receive
the accidental disability benefit specified in the plan under which they
are covered, which for most Article 14 and 15 members is 1/3 of final
average salary. This improved benefit would be payable only to current
members with at least ten years of credited service. Current retirees
and their beneficiaries would not be affected by this bill.
Insofar as this bill would affect NYSLERS, the cost will depend upon
the applicant's age, service, salary, plan, and any benefit type other-
wise payable, but is expected to cost up to 4 times final average salary
per applicant.
Approximately 50 active NYSLERS members, with a combined salary of
approximately $4.5 million as of March 31, 2023, have filed an Applica-
tion for WTC Notice and been rejected on the grounds that they were not
members at the time of their participation in certain WTC rescue, recov-
ery or cleanup operations. However, the actual number of members who
could be affected by this legislation cannot be readily determined.
Pursuant to Section 25 of the Retirement and Social Security Law, those
costs arising in the NYSLERS would be borne by the State of New York.
Summary of relevant resources:
Membership data as of March 31, 2023 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2023 actuari-
al valuation. Distributions and other statistics can be found in the
2023 Report of the Actuary and the 2023 Annual Comprehensive Financial
Report.
A. 9113 3
The actuarial assumptions and methods used are described in the 2023
Annual Report to the Comptroller on Actuarial Assumptions, and the
Codes, Rules and Regulations of the State of New York: Audit and
Control.
The Market Assets and GASB Disclosures are found in the March 31, 2023
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated February 1, 2024, and intended for use only
during the 2024 Legislative Session, is Fiscal Note No. 2024-10,
prepared by the Actuary for the New York State and Local Retirement
System.
